Indigenous People Indigenous People

UN Declaration on the Rights UN Declaration on the Rights of Indigenous Peoplesof Indigenous Peoples

Permanent Forum on Permanent Forum on Indigenous IssuesIndigenous Issues

IPA’ s commitment to Indigenous IPA’ s commitment to Indigenous Peoples Peoples

• IPA People in many countries are ministering among IP’s

• Since IPA Assembly 2003, IP’s are one area of interest for IPA

• IPA People participated in Indigenous Forum at UN from 2002.

• The First World Conference on Indigenous Peoples 2014 is an opportunity

To create awareness of UN Declaration on Rights of Indigenous Peoples among ourselves & Indigenous Peoples

To study regional meeting outcome documents and final international Alta outcome document and identify recommendations most suitable for the respective countries

To draft talking points to use for advocacy at national and international level

Declaration on the Rights of Indigenous Peoples

UN Declaration on Rights of Indigenous Peoples adopted by UN General Assembly, 61st session, 13-9-2007

Not legally binding, ‘sets important standards re IP’s in eliminating human rights violations, removing

discrimination& marginalisation

Goal: to encourage countries to work alongside IP’s to solve

global issues e.g. development, multicultural democracy &decentralizationhttp://social.un.org/index/IndigenousPeoples/DeclarationontheRightsofIndigenousPeoples.aspx

Purpose of Declaration

Sets out individual & collective rights of IP’s, rights to

culture, identity, language, employment, health, education

The main themes in articles 1 – 6 are:(i)the right to self-determination;(ii)the right to be recognized as distinct peoples;(iii) the right to free, prior and informed

consent; and(iv) the right to be free of discrimination.

PART 2: LIFE, LIBERTY, CULTURE & SECURITY

Article 7: Right to life, liberty & securityArticle 8: Assimilation or destruction of cultureArticle 9: Belonging to an indigenous community or nationArticle 10: Forceful removal & relocation: IPs shall not be forcibly removed from their lands/territories. No relocation shall take place without free, prior and informed consent

PART 3: CULTURE, RELIGION & LANGUAGEArticle 11: Right to cultureArticle 12: Right to spiritual & religious traditions & customsArticle 13: Right to know & use language, histories & oral traditions

PART 4: EDUCATION, MEDIA & EMPLOYMENTArticle 14: Establishment of educational systems & access to culturally sensitive educationArticle 15: Accurate reflection of indigenous cultures in educationArticle 16: MediaArticle 17: Employment

PART 5: PARTICIPATION & DEVELOPMENTArticle 18: Participation in decision-makingArticle 19: Free, prior & informed consent for laws & policiesArticle 20: Subsistence & developmentArticle 21: Economic & social well-beingArticle 22: Indigenous elders, women, youth, children & persons with disabilitiesArticle 23: Priorities & strategies for developmentArticle 24: Right to health

PART 6: LAND AND RESOURCES

Article 25: Spiritual relationship with traditional land & resources

Article 26: Right to own, use, develop & control traditional land & resources

Article 27: Indigenous laws & traditions on land & resourcesArticle 28: Rights when lands & resources are wrongly taken away

Article 29: Conservation & protection of the environment, lands & resourcesArticle 30: Military activitiesArticle 31: Cultural & intellectual propertyArticle 32: Land & resource development

PART 7: SELF-GOVERNMENT & INDIGENOUS LAWSArticle 33: Identity, membership and citizenshipArticle 34: Distinctive institutional structures & customsArticle 35: Individual responsibilitiesArticle 36: Right to maintain & develop contacts, relations & cooperationArticle 37: Recognition, observance & enforcement of treaties and agreements

PART 8: IMPLEMENTATIONArticles 38 – 42 explain how governments & UN should work together – in consultation with IP’s – to make sure the rights of all IP’s are protected.

PART 9: UNDERSTANDING DECLARATION

Articles 43 – 46 explain how to understand Declaration. Governments can do more not less than what is written in the Declaration. Declaration applies to males & females.

The Declaration contains both rights & responsibilities of IP’s. Care must be taken to ensure rights are not used to deliberately disturb the unity, peace & security of a country.

First Decade of World’s IP’s1st International Decade of the World's Indigenous

People "Indigenous people: partnership in action“ (1995–2004)proclaimed by General Assembly with main objective of strengthening international cooperation for solution of problems faced by indigenous peoples in areas such as

human rights, environment, development, health &

education

2nd International Decade of World's IP’s

"Partnership for Action and Dignity" (2005–2015) proclaimed by

GA at 59th session - program of action adopted at 60th session.

Its objectives are:1. Promoting non-discrimination and inclusion2. Full and effective participation in decision-making3. Re-define development policy from a vision of social

equality 4. Adopt targeted policies with emphasis on special

groups (women, children and youth)5. Develop strong monitoring mechanisms and enhance

accountability at all levels to protect the rights of IP’s

International Day of World's Indigenous Peoples - 9 August "We must ensure the participation of indigenous peoples – women and men – in decision-making at all levels. This includes discussions on accelerating action towards achieving the Millennium Development Goals and defining the post-2015 development agenda. " Secretary-General Ban Ki-moon

2013 Theme: "Indigenous peoples building alliances: Honouring treaties, agreements and other constructive arrangements"Day first proclaimed by General Assembly in December 1994, to be celebrated every year during the 1st International Decade of World's Indigenous People (1995 – 2004) & continued into 2nd decade.

Professor Anaya is a graduate of the University of New Mexico Professor Anaya is a graduate of the University of New Mexico (B.A. Economics, 1980) and Harvard Law School (J.D., 1983).(B.A. Economics, 1980) and Harvard Law School (J.D., 1983).

The Special Rapporteur, Professor AnayaProfessor Anaya,, evaluates situations of IP’s in selected countries, offers recommendations to governments & others re addressing matters of concern in framework of international standards.

Reports are based on information gathered during the Special Rapporteur's visits to countries and independent research done by him & his support teams on issues, peoples and locations.

2013 Namibia2012 USA, Argentina2011 New Caledonia, France, Republic of Congo, NZ, Norway, Sweden, Finland2010 Russian Federation, Botswana, Australia, Columbia2009 Chile, Brazil, Nepal

Did you know?Any person, group or organization can send informationon specific cases where the rights of IP’s may

have been violated to the Special Rapporteur on the Rights of Indigenous Peoples.

http://www.ohchr.org/en/issues/ipeoples/srindigenouspeoples/pages/sripeoplesindex.aspx

Expert Mechanism on the Rights of IP’sEMRIP: group of five experts, meets annually to provide UN with advice on rights of IP’s - group carries out studies & research, has focussed on number ofissues, such as education, right to participate in decision-making and more.

Permanent Forum of Indigenous Issues

Forum mandate: to discuss indigenous issues related to social

development, culture, environment, education, health, human

rights.

The forum is to:1. Provide expert advice, recommendations to ECOSOC &

various programs, funds and agencies of the UN system;2. Raise awareness, promote integration, coordination of

activities related to indigenous issues within UN system;3. Prepare, disseminate information on these issues.http://social.un.org/index/IndigenousPeoples.aspx

Permanent Forum of Indigenous Issues

1st Session: 12 - 24 May 2002 - UN, New York  

2nd Session: 2003 Special Theme: Indigenous Children and Youth

3rd Session: 2004 Special Theme: Indigenous Women

4th Session: 2005 Special Theme: Millennium Development Goals and Indigenous Peoples, focus: Goal 1 Eradicate Poverty & Extreme Hunger, Goal 2 achieve universal primary education

5th Session: 2006 Special Theme: MDG & IP’s: Re-defining MDG’s

6th Session: 2007 Special Theme: Territories, Lands & Natural Resources

7th Session: 2008 Special Theme: Climate change, bio-cultural diversity & livelihoods: the stewardship role of IP’s & new challenges“

2009, 2011, 2013 Review years

9th Session 2010 Special Theme: IP’s: development with culture & identity; articles 3 & 32 of UNDRIP

11th Session 2012 Special Theme: Doctrine of Discovery: its enduring impact on IP’s & right to redress for past conquests (articles 28 & 37 of UNDRIP)

Permanent Forum of Indigenous Issues

2013 review yearEmphasis on implementation ofPermanent Forum recommendations

on: health, education and cultureSee for country statements, etc. http://undesadspd.org/IndigenousPeoples/UNPFIISessions/Twelfth.aspx

UN Permanent Forum on Indigenous Issues – 12th Session

Good Practice, Gaps and Challenges Good Practice, Gaps and Challenges - Education, Health and Culture- Education, Health and Culture

Implementing a Culturally Secure Implementing a Culturally Secure ModelModelModerator:

Amanda Doherty: Branch Manager, Reconciliation and Relationships Branch, Department of Families, Housing, Community Services and Indigenous Affairs, Australian Government

Speakers:Harley Eagle: Reconciling relationships with Indigenous peoples?

Mennonite Central Committee CanadaSally Dunne: Rescinding the Doctrine of Discovery

Loretto Community

Lucy van Kessel: Implementing a Culturally Secure ModelInternational Presentation Association

UN Permanent Forum on Indigenous Issues – 12th Session

Good Practice, Gaps and Challenges:

Education, Health and CultureTuesday 21st May 2013

1.15 – 2.30pm Conference Room E, NLB

Event co-sponsored by IPA and Australian Government

at the UN during the Indigenous Forum May 2013

Preparatory Conference for WCIP’s

Alta – Norway preparation for WCIP’s in 2014

4 Themes from Alta: IP’s lands, territories and resources; UN action for implementation of rights of IP’s; Implementation of rights of IP’s; IP’s priorities for development, including right to

free, prior and informed consent.http://www.docip.org/fileadmin/user_upload/AdoptedAlta_outcomedoc_ENG.pdf

World Conference on Indigenous Peoples(WCIP)

Preparation for WCIP General Assembly resolution 66/296 calls for active engagement of IP’s at regional & global level.

The resolution outlines basic program: • invites Civil Societies to participate (g); • states NGO Representatives will be invited to

attend (I and j); and• includes further information about hoped for

outcomes, etc.

World Conference is in New York, September 2014

What IPA People can do - Action

1. Research using weblinks in power point2. Identify people engaged with Indigenous

Peopleso Create awareness of World Conference on IPo Engage IP in conversation on ‘Declaration...’o Engage IP in conversations re respective regional

Declaration3. Gather data

o Send information to IP re information on concerns & date & address for return of information to IPA working group & Justice Contacts

o See next two slides for regional documents

What we can do - Action

Regional group meeting outcome documents:African IP’s declaration is found at:http://www.un.org/esa/socdev/unpfii/documents/WCIP-Africa-decl.pdf

Asian regional meeting outcome statement is at:http://social.un.org/index/LinkClick.aspx?fileticket=3G_DV5piAfI

%3d&tabid=1874

Pacific & Australian sub-regional meeting statement at:http://www.un.org/esa/socdev/unpfii/documents/WCIP-Pacific-

Statement-Outcome-Document.pdf

Global Indigenous Youth declaration at: http://www.un.org/esa/socdev/unpfii/documents/WCIP-youth-decl-

en.pdf

What we can do - Action

North American IP’s Caucus outcome document is at:

http://www.un.org/esa/socdev/unpfii/documents/WCIP-NAIPC2013.pdf

Indigenous Women’s Caucus statement is found at: http://www.un.org/esa/socdev/unpfii/documents/WCIP-iwc-

E-2013.pdf

Central & South America & Caribbean document at: http://wcip2014.org/wp-content/uploads/2013/03/Foro-Ind

%C3%ADgena-de-Abya-Yala-Declaration-EN.pdf

Voluntary Fund for IP’s

Indigenous Peoples can apply for funds toparticipate in events related to:

1. Indigenous peoples Forum, 2. Expert Group Meeting including UPR 3. World Conference on Indigenous Peoples;

The link to information on voluntary fund is at:http://www.ohchr.org/EN/Issues/IPeoples/IPeoplesFund/Pages/IPeoplesFundIndex.aspx along with video

What we can do - Action

4. Working group processing data for IPASelect group Convenor.Organise sorting & collating of material in group.Identify writer of summary paper of data collected. Circulate first draft to group for comments – include who, how many & country participants in data collected. 5. Working group using dataSend final draft to Justice Contacts and IPA NGO Repsat UN for advocacy at local, national, regional levels &UN.  

Justice Contact & Others advocacy talking points from consultation

IPA Justice Contacts & others may enable Indigenous Peoples in their countries to use identified recommendations with local governments, Member of Parliaments and Ministers for Indigenous Peoples

Advocacy is strengthened with position papers Advocacy is strengthened with position papers related to theme of event, supported with related to theme of event, supported with evidence based data from countries where IPA evidence based data from countries where IPA has a presencehas a presence

IPA NGO Representative advocacy

IPA NGO Representatives at UN & IPAParticipants in WCIP will use final document

for: developing talking points; submitting written statements; presenting oral interventions; engaging in dialogue during panel discussions; organizing side/parallel events; printing publications; meeting various governments and UN agencies;

Advocacy is strengthened with position papers related Advocacy is strengthened with position papers related to theme of event, supported with evidence based to theme of event, supported with evidence based

datadatafrom countries where IPA has a presencefrom countries where IPA has a presence